U.S. Sued in Death of a Journalist in Panama

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In a case that is beginning to strain relations between Washington and Madrid, the family of a Spanish photographer killed during the United States invasion of Panama last December has filed an administrative claim for wrongful death and damages from the United States Government.

Lawyers for the family of the photographer, Juan Antonio Rodriguez Moreno, took the action in earlier this month after the United States said that it would not pay compensation even if its forces were responsible.

The Spanish Government, which has quietly urged the United States to settle the dispute to prevent it from stirring anti-American sentiment here, has indicated that it will take up the case formally if the Rodriguez family receives no satisfaction through normal claim procedures.

Although six months have passed since the 31-year-old photographer was shot outside the Marriott Hotel in Panama City early on Dec. 21, the strong feelings provoked by his death continue to color the way Spanish newspapers and public opinion view the American intervention in Panama.

Aware of the impact of the death in Spain last December, not only did the United States Government formally express its regret for the incident, but President Bush also conveyed his condolences to Mr. Rodriguez's family in a telephone call to Prime Minister Felipe Gonzalez.

Since then, however, the case has raised different issues for the United States because, while aware of the political price involved in this case, it is unwilling to set the precedent of paying compensation for injuries or deaths resulting from armed conflict.

''Is there any other case of a journalist's family suing a government after a death of this kind?'' an American official asked. ''Isn't this a normal risk in a situation like this, a risk that a journalist or photographer assumes voluntarily when covering an armed conflict?''

But Spanish officials have adopted a different approach, noting that the United States has made ''ex gratia'' payments to some civilians wounded during the 1983 invasion of Grenada and has agreed to pay compensation to families of victims of the Iranian airliner shot down by the United States Navy over the Persian Gulf in 1988.

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''Surely Washington could make a voluntary payment to the Rodriguez family,'' an Spanish official added. ''There was action and a boy was unfortunately lost. It was a mistake, but we say the United States should make a gesture.''

One reason the case has not blown over here is Washington's refusal to acknowledge that American troops shot Mr. Rodriguez despite evidence provided by other reporters and photographers. They said he was caught in crossfire between American soldiers guarding the Marriott Hotel and American armored cars that were approaching the area.

Southern Command's Version

A report prepared by the United States Southern Command argued that Mr. Rodriguez, a freelance photographer who was on assignment for the leading Spanish newspaper, El Pais, was shot in an exchange between American and Panamanian troops. Those who drafted the report did not interview journalists who were nearby at the time.

''SouthCom gave a version of events that we consider to be incomplete,'' said Inocencio Arias, Spain's Deputy Foreign Minister.

Antonio Bernal, the Rodriguez family lawyer, said he had decided to make a claim against the Department of the Army because diplomatic norms required that all procedures in the United States be exhausted before the case can be taken up by the Spanish Government. ''Once we have done this, we are sure the Government will intervene,'' Mr. Bernal said.

The claim for wrongful death was made in a letter dated May 18. ''We first want the United States to accept legal liability in the case,'' explained David A. Gantz of Oppenheimer, Wolff and Donelly, a law firm with offices in Washington that is assisting Mr. Bernal. ''Then we can negotiate compensation.''

A version of this article appears in print on June 24, 1990, on Page 1001015 of the National edition with the headline: U.S. Sued in Death of a Journalist in Panama. Order Reprints|Today's Paper|Subscribe